Executive Council Resolution No. (33) of 2011

Passenger Transport by Bus in the Emirate of Dubai^{^[1]}

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We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,

After perusal of:

Federal Law No. (21) of 1995 Concerning Road Traffic, its Implementing Bylaw, and their amendments;

Federal Law No. (29) of 2006 Concerning Rights of Persons with Disabilities and its amendments;

Law No. (6) of 1997 Concerning Contracts of Government Departments in the Emirate of Dubai and its amendments;

Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;

Law No. (17) of 2005 Establishing the Roads and Transport Authority;

Law No. (14) of 2009 Concerning the Pricing of Government Services in the Emirate of Dubai;

Law No. (35) of 2009 Concerning Management of the Public Funds of the Government of Dubai;

Regulation No. (2) of 2008 Regulating School Transport in the Emirate of Dubai;

Regulation No. (3) of 2009 Concerning the Unified Fare for Public Transport in the Emirate of Dubai; and

Executive Council Resolution No. (13) of 2010 Approving the General Organisational Structure of the Roads and Transport Authority,

Do hereby issue this Resolution.

Definitions

Article (1)

The following words and expressions, wherever mentioned in this Resolution, will have the meaning indicated opposite each of them unless the context implies otherwise:

Emirate:	The Emirate of Dubai.
RTA:	The Roads and Transport Authority.
PTA:	The Public Transport Agency.
Chairman of the Board of Directors:	The chairman of the board of directors and executive director of the RTA.
Public Transport:	The Bus Passenger transport service offered by the RTA or by an authorised Establishment to the public in accordance with certain time schedules and fixed routes within and outside of the Emirate.
Bus:	A Vehicle designated for transporting more than fourteen (14) Passengers, including the driver.
Other Bus:	Any public or private Bus which is not designated for Public Transport.
Station:	A place designated by the RTA for Passengers to embark on and disembark from Public Transport Buses.
Passenger:	A natural person who uses a Bus to travel from a Station to another.
Fare:	The fare prescribed for Passenger transport by Other Buses.
Permit:	A document issued by the RTA authorising an Establishment to provide Public Transport services.
Establishment:	A company or corporation registered in the Emirate to conduct the activity of Passenger transport by Bus.
Franchise Agreement:	An agreement concluded by the RTA with an Establishment whereby the RTA authorises the Establishment to provide Public Transport services.
Person with Disability:	A person suffering from a permanent or temporary, total or partial, physical, mental, sensory, communicative, learning, or psychological deficiency or impairment that may prevent him from meeting his ordinary needs as his non-disabled peers would under the same conditions.

Functions of the PTA

Article (2)

For the purposes of this Resolution, the PTA will have the duties and powers to:

1. plan and establish intra-Emirate and inter-emirate Public Transport routes and operate the Buses required to transport Passengers on these routes;

2. issue Permits to conduct the activity of intra-Emirate and inter-emirate transport of Passengers by Other Buses, and determine the number of these buses;

3. buy and rent the Buses required for the transport of Passengers;

4. rent out Buses and Public Transport systems and facilities to any Establishment in accordance with the relevant legislation in force;

5. construct, own, and lease out Bus Stations; and equip workshops as required for the inspection, maintenance, and repair of the Buses of the RTA or other entities;

6. grant permits to Bus drivers to drive Public Transport Buses, and hold training courses for these drivers;

7. conclude Franchise Agreements to provide Public Transport services and assess their impact on the efficiency, effectiveness, safety, and quality of these services;

8. establish technical and safety standards for operating Buses;

9. cooperate with Establishments to ensure the synergy and integration of intra-Emirate and inter-emirate Public Transport by Bus;

10. accommodate the needs of Persons with Disabilities and other groups of the public, and facilitate their use of Public Transport;

11. monitor compliance by Establishments with the terms of their Permits and with the terms of the Franchise Agreements concluded with them;

12. create databases and conduct studies on the development and improvement of Public Transport in the Emirate;

13. approve Bus timetables; and

14. register Other Buses and create the relevant database.

Authorised Activities

Article (3)

a. The PTA will issue Permits for conducting the following transport activities:

1. intra-Emirate transport of Passengers on fixed routes and at scheduled timings;

2. intra-Emirate transport of Passengers within prescribed geographical areas;

3. inter-emirate transport of Passengers; and

4. transport of Passengers by Other Buses.

b. The Permits issued by the PTA will be valid for a period of one (1) year, renewable for the same period.

Franchise Agreements

Article (4)

a. The RTA may authorise any Establishment to provide intra-Emirate or inter-emirate Public Transport services pursuant to a Franchise Agreement which stipulates the rights and obligations of the Establishment, the manner in which the Establishment will provide the Public Transport services, the franchise fee and its payment method, and any other conditions the RTA may deem fit.

b. When concluding a Franchise Agreement, the provisions and procedures stipulated in the above-mentioned Law No. (6) of 1997 must be observed; and fair competition amongst all Establishments that are prequalified to provide Public Transport services must be ensured. Integrity, transparency, and impartiality must be ensured in Franchise Agreement procedures.

Obligations of Establishments

Article (5)

An Establishment must:

1. abide by Bus departure timings and Bus routes, and announce these timings with sufficient time in advance on its website and through the timetables displayed at Bus Stations. These timetables must state the name of the Bus route managing entity, route start and end points, Bus stops, and operating times;

2. comply with the Fare scheme prescribed by the RTA;

3. ensure the safe use of Buses, and maintain Buses in good working condition at all times;

4. comply with the conditions approved by the RTA relating to the transport of Passenger belongings;

5. comply with the conditions approved by the RTA in relation to handling lost items;

6. refund Passengers in cases of Trip delay or cancellation, or provision of false information by the Establishment;

7. provide the PTA with any requested information; and

8. comply with the instructions issued by the PTA.

Law Enforcement

Article (6)

Officers and inspectors of the RTA nominated pursuant to a resolution issued by the Chairman of the Board of Directors will have the capacity of law enforcement officers to record the acts committed in breach of the provisions of this Resolution and the bylaws issued in pursuance hereof. For this purpose, they may issue the necessary violation reports.

Fees

Article (7)

In return for issuing the permits and providing the services stated in Schedule (1) attached hereto, the RTA will charge the fees indicated opposite each of these permits and services.

Penalties

Article (8)

a. Without prejudice to any stricter penalty stipulated in any other legislation, a person who commits a violation of any of the provisions of this Resolution and the bylaws issued in pursuance hereof will be punished by the fine prescribed for such a violation in Schedule (2) attached hereto.

b. Upon repetition of the same violation within one (1) year from the date of the previous violation, the amount of the fine stated in Schedule (2) attached hereto will be doubled.

c. In addition to the penalty of a fine referred to in paragraph (a) of this Article, the RTA may revoke the Permit or suspend it for a period not exceeding six (6) months where necessary.

d. The fines prescribed in the Schedule of Violations and Fines attached to the above-mentioned Regulation No. (3) of 2009 will apply to the violations committed by Passengers of Public Transport Buses.

e. Any person who causes damage to a Public Transport Bus or to any Public Transport equipment, system, Station, or facility must pay the compensation for the damage and the cost of repair as assessed by the RTA, and the RTA’s assessment in this regard will be final.

Payment of Fees and Fines

Article (9)

The fees and fines collected pursuant to this Resolution will be paid to the Public Treasury of the Government of Dubai.

Issuing Implementing Bylaws and Instructions

Article (10)

The Chairman of the Board of Directors will issue the bylaws and instructions required for the implementation of the provisions of this Resolution, including those related to:

1. the regulations, rules, and conditions governing the use of Buses in intra-Emirate and inter-emirate Public Transport;

2. the safety standards and conditions, and other requirements, that must be met by Buses; and the equipment that must be made available on the Buses for use by Persons with Disabilities and other groups of the public; and

3. the procedures and time frames for issuing the Permits stipulated in this Resolution; and the requirements and standards that must be met, and documents and studies that must be provided, to obtain these Permits.

Compliance

Article (11)

An Establishment authorised to provide Passenger Bus transport services prior to the issuance of this Resolution must comply with its provisions within a period not exceeding six (6) months from the effective date hereof.

Repeals

Article (12)

Any provision in any other resolution or regulation will be repealed to the extent that it contradicts this Resolution.

Publication and Commencement

Article (13)

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.

Hamdan bin Mohammed bin Rashid Al Maktoum

Crown Prince of Dubai

Chairman of the Executive Council

Issued in Dubai on 16 October 2011

Corresponding to 19 Thu al-Qidah 1432 A.H.

Schedule (1)

Permit and Service Fees

SN	Service	Fee (in Dirhams)
1	Issuing a Permit	4,000.00
2	Renewing a Permit	2,000.00
3	Assigning a Permit	4,000.00
4	Adding a partner	2,000.00
5	Issuing a replacement for a lost Permit	500.00
6	Conducting an inspection upon the request of an Establishment	500.00
7	Registering a Bus for the purpose of conducting the Passenger transport activity	3,000.00
8	Training of a Bus driver by the RTA	1,000.00
9	Issuing a permit to practise the driving profession	500.00
10	Renewing a driver's permit	300.00
11	Issuing a replacement for a lost or damaged driver’s permit	150.00

Schedule (2)

Violations and Fines

SN	Violation	Fine (in Dirhams)
1	Conducting the activity of Passenger transport by Bus in the Emirate without first obtaining a Permit from the PTA	10,000.00
2	Conducting the activity of Passenger transport by Bus in the Emirate with an expired Permit	5,000.00
3	Failure to abide by Bus routes	5,000.00
4	Stopping the Bus at unauthorised stations	5,000.00
5	Failure to comply with Public Transport service and operation timings	50,000.00
6	Driving a Bus by a driver who does not hold a permit or whose permit is expired	1,000.00
7	Failure to provide the PTA with the required data and information within the time frames prescribed by the PTA	5,000.00
8	Failure to comply with this Resolution within the time frame prescribed herein	5,000.00
9	Hindering or obstructing the work of the PTA inspectors or failure to cooperate with them	500.00
10	Selling any goods or services on board a Bus	5,000.00
11	Failure to comply with or manipulating the prescribed Fare scheme	100,000.00
12	Failure to announce Bus departure timings on the website and through the timetables displayed at Stations	5,000.00
13	Failure to comply with the rules of handling lost items	3,000.00
14	Failure to comply with the rules of transporting Passenger belongings	5,000.00
15	Delay in settling, or failure to settle, Passenger claims in case of Trip delay or cancellation or in case of provision of false information by an Establishment	2,000.00
16	Committing any act, other than the acts stated in this Schedule, which constitutes a violation of this Resolution or of the bylaws issued in pursuance hereof	2,000.00

[1]Every effort has been made to produce an accurate and complete English version of this legislation. However, for the purpose of its interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail.